Florida Pool Heroes Terms and Conditions
Welcome to the Florida Pool Heroes website. By accessing or using our website and services, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully. If you do not agree with these terms, please do not use our website or services.
- General
These terms and conditions (“Terms”) govern your use of the Florida Pool Heroes website (“Site”) and any services, products, or content provided through the Site. By accessing or using the Site, you agree to be bound by these Terms. We may update these Terms from time to time, and your continued use of the Site after any changes shall constitute your acceptance of the new terms.
Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you. By using our Site, you also agree to Shopify's terms and policies, which include data security and payment processing.
- Eligibility
To use our Site, you must be at least 18 years old or have permission from a parent or guardian. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.
- Use of the Site
You agree to use the Site in accordance with all applicable local, state, and federal laws and regulations. You may not:
- Use the Site in any way that could damage, disable, overburden, or impair the Site.
- Attempt to gain unauthorized access to any part of the Site, other users' accounts, or any systems or networks connected to the Site.
- Use any automated means, such as robots, spiders, or scrapers, to access the Site for any purpose without our express written permission.
- Shopify's Role
Our store is hosted by Shopify Inc., which means that the products and services we offer through our online store are subject to Shopify’s platform rules and requirements. Shopify handles our website’s e-commerce functionalities, including secure payment processing, encryption of personal information, and hosting services. By using our website and purchasing products, you agree to Shopify’s terms of service, privacy policy, and other conditions that apply to its platform, which can be found on Shopify's website.
Your use of the Site is subject to the following conditions:
- Your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and adaptation to technical requirements.
- Credit card information is always encrypted during the transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service, without express written permission from us.
- Product and Service Information
We strive to ensure that the information on our Site is complete, accurate, and current. However, we do not guarantee that all information is complete or free from errors. We reserve the right to correct any errors or inaccuracies, to update or change information, and to modify or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
- Pricing and Payment
All prices displayed on the Site are in U.S. dollars. Prices are subject to change without notice. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price, whether due to typographical errors or inaccurate information received from our suppliers.
Shopify handles our secure payment processing. By placing an order, you represent and warrant that you are authorized to use the payment method you provide. You agree to pay all charges incurred by users of your account and credit card or other payment method at the prices in effect when such charges are incurred.
- Shipping and Delivery
Florida Pool Heroes delivers to addresses within the United States. We make every effort to deliver your orders promptly. However, shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. More information can be found about our delivery policy HERE.
- Onsite Water Testing
Florida Pool Heroes offers optional onsite water testing service. This service is governed by the terms outlined HERE.
- Returns and Refunds
If you are not satisfied with a product purchased from Florida Pool Heroes, you may return it in accordance with our Return Policy. The Return Policy can be found HERE. We reserve the right to change our Return Policy at any time.
- Intellectual Property Rights
All content on the Site, including text, graphics, logos, icons, images, audio clips, data compilations, and software, is the property of Florida Pool Heroes or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Disclaimer of Warranties
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FLORIDA POOL HEROES ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLORIDA POOL HEROES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
- Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY LAW, FLORIDA POOL HEROES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- Indemnification
You agree to indemnify, defend, and hold harmless Florida Pool Heroes, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from or relating in any way to your use of the Site or any violation of these Terms.
- Governing Law
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision.
- Dispute Resolution and Binding Arbitration
Binding Arbitration Agreement: Any dispute or claim arising from or relating to these Terms, your use of the Site, or any products or services sold or distributed through the Site that cannot be resolved through informal negotiation shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Arbitration Procedure: Arbitration under these Terms shall be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver: You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. You may bring claims only on your own behalf.
Exceptions to Arbitration: Notwithstanding the above, you and Florida Pool Heroes agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Termination
We may terminate or suspend your access to the Site at any time, with or without cause or notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason.
- Entire Agreement
These Terms constitute the entire agreement between you and Florida Pool Heroes regarding the use of the Site and supersede any prior or contemporaneous understandings and agreements between you and us regarding the subject matter of these Terms.
- Contact Information
If you have any questions about these Terms, please contact us at:
Florida Pool Heroes
13014 N Dale Mabry Hwy #247
Tampa, FL 33618
855-571-7665
support@yourpoolhero.com
